Terms of service
MM SWIM INSPIRATION TERMS AND CONDITIONS (“Conditions”)
MMSI is an inclusive organisation and will always try to ensure that every child gets the opportunity to partake in MMSI activities, however, MMSI reserves the right to review the medical conditions/additional needs/allergies/physical disabilities of swimmers in consultation with parents/guardians. Each individual with additional needs will be risk assessed, and depending on the level of need/experience of the child/adjustments required, we may sadly have to refuse the admission or reduce admission to camp. Individuals are encouraged to apply to camp places in the future as risk assessments will be reviewed after every application.
- INTERPRETATION
In these Conditions: "Booking" means a contract for the provision of a residential swim camp for your "Swimmer" ; "Swimmer" means the person for whom the Booking was made for; "you" or "your" means the person or organisation making a Booking; "we", "us" or "our" refers to MM Swim Inspiration Ltd.
- APPLICATION
2.1 These Conditions alone (as varied in accordance with Condition 2.3) shall govern and be incorporated in every Booking made by or on behalf of us with you. They shall apply in place of and prevail over any terms or conditions (whether or not in conflict or inconsistent with these Conditions) contained or referred to in any documentation submitted by you or in correspondence or elsewhere or implied by trade custom, practice or course of dealing.
2.2 Your request for a Booking shall (without prejudice to Condition 3 or any other manner in which acceptance of these Conditions may be evidenced) be deemed to constitute unqualified acceptance of these Conditions.
2.3 A variation of these Conditions is valid only if it is in writing and signed by us.
- ACCEPTANCE
3.1 Your offer for a Booking shall be made when we receive a copy of our Booking form and payment of deposit from you.
3.2 We will confirm our acceptance of your Booking in writing by email.
- PRICES
4.1 The price payable is the price set out in our Booking form whether on paper or on our website.
4.2 Our prices are exclusive of VAT.
- TERMS OF PAYMENT
5.1 Upon receipt of a Booking form signed by you, we will send an email invoice confirming payment terms. If payment by return is requested, then we expect you to adhere to this. In instances where a Booking is confirmed within 4 weeks of the event, 100% of the booking value is required immediately.
5.2 Any queries arising from an invoice must be notified to us upon receipt of that invoice. We reserve the right to cancel and re-allocate any Bookings, without further notification if you do not adhere to the terms of payment set out in this Condition 5.
5.3 We reserve the right to cancel any Booking if payment is not made in accordance with this Condition 5.
- LIMITATION OF LIABILITY
6.1 We are not liable to you, whether for negligence, breach of contract, misrepresentation or otherwise, for:
- a) loss of profit, goodwill or business opportunity;
- b) indirect or consequential loss or damage;
- c) loss or damage to any property or personal effects.
- d) Your swimmer being unable to attend due to illness or following COVID-19 NHS isolation requirements.
6.2 Our entire liability under or in connection with your Booking, whether for negligence, breach of contract, misrepresentation or otherwise, is limited to the Booking price.
6.3 Nothing in these Conditions limits or excludes our liability for:
- a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors;
- b) fraud or fraudulent misrepresentation;
6.4 Except as expressly stated in these Conditions, we do not give any representations, warranties or undertakings in relation to the Booking. Any representation, condition or warranty which might be implied or incorporated into these Conditions by statute, by common law or otherwise are, to the fullest extent permitted by law, excluded from the Booking.
6.5 This Condition 6 will survive termination of the Booking.
- INSURANCE
Swimmers may take out insurance to cover their visit prior to travelling to camp if they so wish. Swimmers should ensure that if they take out such insurance cover it is suitable and adequate for their particular needs.
- YOUR OBLIGATIONS
8.1 You are responsible for your Swimmer and will procure that your Swimmer comply with these Conditions (where relevant) and with any rules, regulations and directions set down by us including, without limitation, any and all relevant statutes, safety announcements and venue regulations.
8.2 You will not resell or otherwise transfer or offer for sale or transfer any part of a Booking without our prior written consent.
8.3 You or your Swimmer must notify us of any special dietary requirements at least one month before the event.
8.4 The safety of all our Swimmers is paramount. It is a strict condition of each Booking that Swimmers should behave in a reasonable manner at all times while at the venue or at any of our facilities or events and abide to these conditions.
8.5 Swimmers who we consider are behaving in a way that may create a danger to themselves or others, who act in a way that breaches the venue regulations, or who act in a manner which, in our reasonable opinion, is likely to affect the enjoyment of other Swimmers, will be asked to leave any of our facilities or events and we may take appropriate action to enforce this right.
8.6 You will be liable for all damage and extra costs incurred by us as a consequence of unreasonable behaviour, carelessness or breach of this Condition 8 by the Swimmer or Swimmers for whom your Booking was made.
8.7 Swimmers may not invite persons who are not Swimmers to any of our facilities or events at any time without written permission.
- INDEMNITY
You shall indemnify us in full against and hold us harmless from all claims, costs, damages, liabilities, expenses (including but not limited to legal expenses) demands and judgements awarded against or incurred or paid by us as a result of or in connection with any and all acts or omissions of you or your Swimmers, but not limited to acts or omissions at the event and damage caused to the venue by you or your Swimmers.
- CANCELLATIONS AND VARIATION
10.1 Whilst every reasonable effort will be made to ensure that the Booking is in accordance with published details we reserve the right in our absolute discretion to make any changes to the Booking.
10.2 If we are prevented, hindered or delayed from or in providing service in accordance with a Booking and these Conditions by a Force Majeure Event, we may terminate Bookings with immediate effect by notice to you and roll the booking over, but shall not be liable for any other loss or damage you suffer as a result.
10.3 If for any reason an event is changed or cancelled by a third party organiser who is not our employee, we will roll over your booking to another date/venue.
10.4 If the event is postponed, your Booking will be amended to give effect to this so that the event will be deemed to take place on the revised date/venue.
10.5 To cancel a booking you must provide written notification via email to info@mmswiminspiration.co.uk. Since we incur costs in cancelling your booking, you will be required to pay cancellation charges. The cancellation charges shown below apply from the date we receive the written notice of your cancellation. In order to cover our expected losses from the cancellation of the booking there is a set scale of charges which must be paid by you if you cancel the booking:
- Cancellation 70 days or more before the camp start date will result in loss of £150 non-refundable deposit only
- Cancellation 56-69 days before the camp start date will result in charge of 30% of total camp cost
- Cancellation 42-55 days before the camp start date will result in charge of 50% of total camp cost
- Cancellation 28-41 days before the camp. start date will result in charge of 70% of total camp cost
- Cancellation 0-27 days before the camp start date will result in charge of 100% of total camp cost (no refund)
10.6 In this Condition 10 "Force Majeure Event" means an event beyond our reasonable control including, without limitation, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, terrorist activity, malicious damage, compliance with a law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm, pandemic, epidemic etc.
- HOW WE MAY USE YOUR PERSONAL INFORMATION
11.1 We will use any personal information you provide to us to:
- a) provide our services under the Booking;
- b) process your payment for the Booking; and
11.2 Further details of how we will process personal information are set out in our Privacy Policy.
- CONFIDENTIALITY
12.1 We undertake that we will not disclose to any person any confidential information concerning your business, affairs, customers or clients, except as permitted by Condition 12.2.
12.2 We each may disclose the other's confidential information:
- a) to such of our respective employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of carrying out our respective obligations under the Booking. We will each ensure that such employees, officers, representatives, subcontractors or advisers comply with this Condition 12; and
- b) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
12.3 Each of us may only use the other's confidential information for the purpose of fulfilling our respective obligations under the Booking.
- NOTICES
13.1 A notice under or in connection with a Booking shall be in writing and shall be sent by email.
13.2 Unless there is evidence that it was received earlier, a notice is deemed given:
- b) if sent by email at 9am on the next working day after its transmission.
13.3 In proving the service of any notice, it will be sufficient to prove, in the case of an email, that such email was sent to the specified email address of the addressee.
- GENERAL
14.1 None of the rights or obligations under a Booking may be assigned or transferred without our written consent.
14.2 The invalidity, illegality or unenforceability of the whole or part of a Condition does not affect or impair the continuation in force of the remainder of these Conditions.
14.3 Our failure to exercise, or delay in exercising, a right or remedy provided by a Booking or by law does not constitute a waiver of the right or remedy or a waiver of other rights or remedies. No single or partial exercise of a right or remedy provided by a Booking or by law prevents a further exercise of the right or remedy or the exercise of another right or remedy.
14.4 A person who is not a party to a Booking has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of that Booking but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
- GOVERNING LAW
15.1 These Conditions are governed by English law.
15.2 The courts of England have exclusive jurisdiction to settle any dispute arising from or connected with the Conditions.